Page:Federal Reporter, 1st Series, Volume 6.djvu/371

 BALLES CITT r. MISSIONART SOCIETY. 359 �the plaintiff in No. 390 — Dalles City— was inade a municipal corporation, with boundaries including said town site; and on April 18, 1860, entered, at the proper land-office, the fractional north-west one-fourth of said section 3, containing 112 acres, and including the land so occupied as a town site, under the town-site law of May 23, 1844, (5 St. 667; 10 St. 306,) in trust for the several use and benefit of the occupants thereof, accordinjg to their respective interests, and now claims to be the owner thereof aecordingly. �On November 1, 1853, Winsor D. Bigelow became a eet- tler under the donation actupon320 acres of the public land, including parts of the N. W. One-fourth and the S. W. one- half of said section 3, and now known upon the plats of the public Burveys as donation claim No. 40, and resided upon and cultivated the same until February 16, 1860, and other- wise complied with the requirements of said act; that on December 9, 1862, said Bigelow conveyed an tindivided one- third interest of a certain 27 acres of said donation to James K. Kelly and Aaron E. Wait, plaintiffs in No. 391 ; and on December 12, 1864, conveyed the remaining two-thirds of said 27 acres to Orlando Humason, who, on September 8, 1875, died testate, having devised the same to Phœbe Humason, his widow, and a plaintiff in No. 391, which 27 acres said plain- tiffs, by reason of the premises, claim to own as tenants in common thereof. �On December 2, 1864, said Bigelow conveyed tosaid Kelly and Wait, the plaintiffs in No. 392, 46 town lots, within the limits of his said donation, and situated in what is known as the " Bluff Addition to Dalles City," which lots the plaintiffs in No. 392, by reason of the premises, claim to own as tenants in common thereof. �It is claimed by the defendant that in August, 1847, it agreed to turn over the missionary station at The Dalles, with the improvements thereon, to Dr. Marcus Whitman, the agent of the American Board of Commissioners for Foreign Mis- sions, and then engaged as a lay missionary of said board at a place called Wailatpu, about 140 miles E. N. E. of The Dalles, upon the understanding that said board would main- ��� �